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ALDERSON v. U.S.

No. CV09-6155 SVW (MLGx).

718 F.Supp.2d 1186 (2010)

James F. and Connie B. ALDERSON; Justin W. and Kristen N. Alderson; and Jennifer A. and Walter Page, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, C.D. California.

May 27, 2010.

Attorney(s) appearing for the Case

David B. Porter , Robert Warren Wood , Wood & Porter, San Francisco, CA, for Plaintiffs.

Thomas Derrick Coker , AUSA—Office of U.S. Attorney, Los Angeles, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDMENT [11]; DENYING PLAITIFFS' MOTION FOR SUMMARY JUDGMENT [17]

STEPHEN V. WILSON, District Judge.

I. INTRODUCTION

Plaintiffs seek to obtain a tax refund by characterizing their False Claims Act qui tam award as capital gains rather than ordinary income. Plaintiffs' Complaint presents a question of first impression

II. FACTS

Plaintiff Jim Alderson was the Chief Financial Officer...

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